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Maryland Legal Aid Offices The Basics of Anne Arundel County Montgomery County 229 Hanover Street 600 Jefferson Plaza Maryland Legal Aid : Who We Are Types of Child Custody Annapolis, MD 21401 Suite 430 & Visitation (410) 972-2700 Rockville, MD 20852 (800) 666-8330 (240) 314-0373 Maryland Legal Aid is a private, non-profit Legal Custody. Legal custody is the right (855) 880-9487

Baltimore City Advancing Human Rights and Justice for All in Maryland since 1911 law firm that provides free, high-quality and obligation to make long-range decisions 500 E. Lexington Street Northeastern Maryland civil legal services to Maryland’s most about important issues for your child. That Baltimore, MD 21202 Cecil, Harford Telephone Intake Lines: 103 S. Hickory Avenue vulnerable residents and communities and means decisions about education, religious (410) 951-7750 Bel Air, MD 21014 (866) MD LAW 4U (410) 836-8202 is dedicated to protecting and advancing training, discipline, medical care, and other (or 866-635-2948) (800) 444-9529 Maryland Law: human rights for all. significant matters. Legal custody is not Business Line: Southern Maryland (410) 951-7777 Calvert, Charles, St. Mary’s related to where a child lives. You can have Who should read this brochure? (800) 999-8904 15045 Burnt Store Road legal custody even if your child is living with Baltimore County P.O. Box 249 Hughesville, MD 20637 The Basics 215 Washington Avenue When a couple separates, one of the most (301) 932-6661 someone else. Suite 305 (877) 310-1810 difficult questions is, “Who gets custody of Towson, MD 21204 the children?” It is often best if parents work Sole Legal Custody. If you have sole legal (410) 427-1800 Upper Eastern Shore of Child (877) 878-5920 Caroline, Kent, out a custody arrangement themselves, custody, you have the authority to make these Lower Eastern Shore Queen Anne’s, Talbot 106 N. Washington Street Dorchester, Somerset, however, that is not always possible. This long-range decisions without having to ask the Suite 101 Wicomico, Worcester Easton, MD 21601 Custody & other parent. 111 High Street brochure provides a brief overview of the (410) 763-9676 Salisbury, MD 21801 different types of child custody and the (800) 477-2543 Joint Legal Custody. If you and the other (410) 546-5511 factors a judge will consider when deciding (800) 444-4099 Western Maryland Visitation parent have joint legal custody, you share Metropolitan Maryland Allegany, Garrett 110 Greene Street child custody between parents. Howard, Prince George’s an equal voice in making these long-range Cumberland, MD 21502 8401 Corporate Drive (301) 777-7474 decisions. For joint legal custody to work, Suite 200 This brochure provides general information, (866) 389-5243 Landover, MD 20785 not specific legal advice. Every effort is made parents must be able to get along and set (301) 560-2100 Statewide to keep this brochure up to date. However, aside their differences for the sake of the child. (888) 215-5316 Farmworker Program Howard County (800) 444-4099 the law sometimes changes. If you have 3451 Court House Drive Sometimes parents communicate well Foreclosure Legal specific legal questions or a pending legal 2nd Floor Assistance Project enough to have joint legal custody, but they Ellicott City, MD 21043 (888) 213-3320 case, you are strongly encouraged to (410) 480-1057 Long-Term Care may be unable to agree from time to time. an attorney for legal advice. You may be Midwestern Maryland Assistance Project One parent may be given “tie-breaking” Carroll, Frederick, Washington (866) 635-2948 eligible for free legal services from Maryland 22 S. Market Street Maryland Senior authority, which means that parent can make Legal Aid or a volunteer attorney program. Suite 11 Legal Helpline a final decision if good faith attempts at joint Frederick, MD 21701 (866) 635-2948 (301) 694-7414 Veterans’ Hotline decision-making don’t work. (800) 679-8813 (443) 863-4040

TTY Users: Call Maryland Relay, Dial 7-1-1 Visit www.peoples-law.org for self-help www.mdlab.org legal information and community resources. 11.2019 For more information visit www.mdlab.org.

10.30.19 How will a judge decide custody? Physical/Residential Custody. These two “shared”custody. When looking at child If parents cannot reach a custody agreement, When deciding whether to grant joint terms mean the same thing: the parent’s support only, shared custody means that one parent will need to file a custody case in custody, in addition to the factors above, a right and obligation to provide a home for each parent keeps his or her child overnight court. This may be done as part of a judge considers: the child at given times, and to make day-to- for more than 35 percent of the year, and that proceeding. After the case is filed, the judge The capacity of the parents to communicate day decisions when the child is actually with both parents contribute to the expenses of usually refers the parents to mediation to • and reach shared decisions that parent. the child, as well as paying . try to resolve the dispute. If no agreement is reached, a court hearing will be held before a • The willingness of the parents to share custody Joint Physical or Residential Custody. Visitation/Access judge. The most important thing a judge looks The potential disruption of the child’s social This means the child spends substantial time When a child lives the majority of time with at when deciding custody is what is in the best • and school life with each parent. Joint physical custody one parent and spends scheduled time interest of the child. Some of the other factors can mean “50/50,” but it doesn’t have to. For with the other, it is usually called “visitation.” that a judge considers are listed below. • The demands of the parents’ work example, joint physical custody can mean Sometimes it is called “access” or “ your child spends three days per week with • The fitness of the parents Remember that custody and visitation time,” instead of visitation. Some judges use (ability to provide basic care) you and four days with the other parent. The the words “physical custody” when referring to decisions are never considered to be The character and reputation of the parents term is also used when a child lives with one visitation. For example, “the father has physical • final. As situations change, parents parent during the school year and the other custody and that is where the child makes her • The desires of the parents and agreements may be able to return to court and parent during the summer. home, and the mother has physical custody on between them request changes. . The term “split custody” alternate weekends.” • The potential for maintaining relations with extended only applies to families with multiple A judge will order “supervised visitation” if • The preference of the child children. With split custody, one parent has it is in the child’s best interest. The judge’s of at least one child, and the order will specify what type of supervision is • The material opportunities affecting the future other parent has sole custody of the other needed. It may be that the parent can only life of the child children. Each parent has visitation rights. visit with the child at a relative’s home. In more • The age, health, and sex of the child Some courts also call this “divided custody.” serious cases, it may mean that visits can only • Where the parents live and the opportunity Shared Custody. Shared custody has a take place at a “supervised visitation center,” for visitation very narrow meaning that has to do with or in the presence of the child’s therapist. • The length of separation from a parent Supervised visitation is not the norm, and the child support. Maryland’s child support Whether the parent voluntarily left the child with court will order it only when there is a very • guidelines are different for parents who the other parent have “sole” custody and parents who have good reason.

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